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Last updated:

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November 18, 2024

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1. Notarial Acts: Idaho Notaries are authorized to perform the following notarial acts (IC 51-102[5]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies, including a tangible copy of an electronic record (IC 51-104[3]);

   6. Note protests of negotiable instruments.

2. In-Person Electronic and Remote Notarial Acts: A Notary Public who has notified the Secretary of State that they will be performing in-person and remote notarial acts may perform any notarial act listed above electronically or remotely.

Acknowledgments

1. DefinitionDefinitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (IC 51-102[1]).

   2. In a Representative Capacity: “'In a representative capacity means acting as:
      “(a) An authorized officer, agent, partner, trustee or other representative for a person that is not an individual;
      

   Requirements

   1. Identification of Acknowledger “(b) A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
      “(c) An agent or attorney in fact for a principal; or
      “(d) An authorized representative of another in any other capacity” (IC 51-102[4]).

2. Requirements

   1. Identity of Principal: “A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the acknowledgment has the identity claimed and claimed….” (IC 51-105[1]).

   2. Signature of Principal: “A notary public who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (IC 51-105[1]).

   3. Personal Appearance: “The notarial act of taking an acknowledgment requires the signer to personally appear before the notary, but it does not require the notary to witness the act of signing” (NPH)

   4. Acknowledgment of Signature: Often the party has previously signed the record before bringing it to the notary. In those cases, the requirements are met when the signer verbally acknowledges to the notary that he/she signed the document, and the notary has: (1) properly identified the signer; and (2) verified the signature to be that of the signer (usually by comparing the signature on the document to the signature on the ID and the one made by the signer in the notary’s journal.)” (NPH).
      “An acknowledgment can also be made by an individual acting (signing) on behalf of another person or entity. This is called an acknowledgment in a representative capacity and the person who is appearing before the notary will be signing on behalf of a business or corporation, a trust, with a Power of Attorney or with some other authorization that allows them to sign for another person or legal entity” (NPH).

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1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (IC 51-102[16]).

2. Requirements

   1. Identification Identity of IndividualPrincipal: “A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the verification has the identity claimed and claimed….” (IC 51-105[2]).

   2. Signature of Principal: “A notary public who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (IC 51-105[2]).

   3. Witness Signature, Oath: “The most demanding process is taking a verification upon oath or affirmation, also commonly known as performing a jurat. For some legal uses, the document would be inadmissible or useless if the jurat is not properly completed. Performing a jurat requires a notary to do two things: (1) Witness the person signing the document … and (2) Administer an oath, placing the person under penalty of perjury if the statements made in the document are proven false. A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. As long as you have administered an oath, you have done your job” (NPH).

   4. Oath Form: The “Idaho Notary Public Handbook” prescribes the following suggested oath to be administered when performing a verification (jurat) notarization: “Do you swear that the information contained in this document is true and complete to the best of your knowledge and ability?”
      “When a corporation officer needs to sign a document under his or her official title, a notary may perform a corporate verification. The officer appears before the notary. The notary verifies the identity of the person and then administers an oath, such as, ‘I, Jane Q. Public, swear (or affirm) that I am the president of SQR Corporation.’ Jane Q. Public then signs the document. The notary stamps or writes the certificate and then completes the notarization” (CC, Vol. 1).

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1. Definition: “Witnessing a signature is exactly that: you watch the signer sign the document” (NPH).

2. Requirements

   1. Identification Identity of IndividualPrincipal: “A notary public who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and signing the record has the identity claimed” (IC 51-105[3]).

   2. Witness Signature Being Made: “Occasionally someone will bring a document to you that has already been signed, although the preprinted form calls for you to witness the person sign the document. In situations like that, you must have the person sign the document again in your presence. It is not necessary for the signer to cross out the first signature; he or she should just sign again as close to the original signature as possible” (NPH).

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